The Slippery Slope (Elections have Consequences – Part 5)

The Slippery Slope (Elections have Consequences – Part 5)

In the lead up to the “most important election in our lifetimes” I’ve covered a lot of subjects. From abuses by executive agencies, to our Supreme Court (how we got here, and how we have the current Justices,) the end of the (quote-unquote) assault weapons ban over 20 years ago, and the four boxes of liberty. All of these have one thing in common: elections have consequences.

It is important for all of us (law abiding gun owners) to remember the eloquent words of Article 1, Section 32 of the Indiana State Constitution, “The people shall have a right to bear arms, for the defense of themselves and the State.” The Bill of Rights was only 25 years old when Indiana became a State. Those 17 words written in Corydon (the first State Capitol) show that the early Hoosiers understood what the 2nd Amendment truly stands for. \Since the 2nd Amendment was based on the British Bill of Rights from 1689, it is also a reminder of the slippery slope we all must avoid.

Yes, I will admit we beat the British in two wars and bailed them out in both World Wars. I will also recognize that much of our law in the United States comes from British Common Law. Much of our 1st, 2nd, and 8th Amendments are clearly in the British Bill of Rights, from King William III and Queen Mary II in 1689. While William and Mary didn’t give the right to bear arms to all citizens (or subjects in their case, we fixed that) our founders remedied the right to arms for all with our 1st Amendment.

In a period of 93 years, Great Britain went from having incredible freedoms concerning the right to keep and bear arms, to self-defense being against the law. This wasn’t overnight, it wasn’t all at once. It was a slippery slope that looks incredibly similar to our own fight to maintain our rights.

In 1903, the Pistols Act forbid the sale of handguns to minors or felons. That seems reasonable enough. To make sure it is enforced, a licensing system was introduced.

In 1914 with the outbreak of WWI, “temporary” gun control measures were introduced for “national security” reasons, of course. As Economist Milton Friedman would state years later, “Nothing is more permanent than a temporary government program.”

By 1920 the war had ended, but there were more threats from revolution (the Bolsheviks had just overthrown the Czar in Russia) and criminals. The Firearms Act of 1920 required a “good reason” to possess a handgun or rifle. A good reason was self-defense.

In 1936 fully automatic firearms were outlawed in Great Britain. At the time there was no evidence that a machine gun had ever been used in a crime in Great Britain, since they didn’t have Prohibition which led to the rise of criminals using automatic weapons like we had in the US. It seemed that British civilians didn’t have a “need” for automatic weapons. Obviously British gun owners didn’t realize they were on a slope, and a slippery one at that.

In 1936 the British Police (who issued the firearms licenses) started enforcing firearms storage requirements. There was no law, the administrative state just did it through a rules process. Does this sound familiar?

In 1940, the British Expeditionary Force evacuated from Dunkirk. The Germans occupied France and the English Channel was all that was between England and an invasion. Sporting shotguns (which required no license) were not the firearms required by the Home Guard. Magazines including the NRA’s flagship publication The American Rifleman had articles such as “Send a Gun to Defend a British Home.” The NRA shipped 7,000 guns to Great Britain. Prime Minister Winston Churchill personally supervised the delivery of these arms to the Home Guard in coastal towns.

After the war these guns were collected and destroyed. In 1946, self-defense was no longer a valid reason to receive a firearms license. The slippery slope was starting to look more like an icy cliff.

Beginning in 1967, a certificate was required to purchase a shotgun. In 1976 the transfer of firearms to heirs became impossible because of restrictions on those yet to be born.

In 1996, handguns larger than .22 caliber were banned. All law-abiding gun owners had licenses to possess their handguns, so the government knew who had all the handguns. Registration has always led to confiscation.

Always remember, we have a Bill of Rights, not a Bill of Needs. A lesson to be learned from what happened in Great Britain was the refusal of the sport-shooting organizations (such as the Clay Pigeon Shooters Association, the National Small Bore Rifle Association, and the United Kingdom Practical Shooting Association) to support those who saw the importance of handguns for self-defense. It was too late when the British gun owners realized the importance of “united we stand.”

In the lead up to the recent pistol brace court battle with the ATF, I said many times that I would support those with braced-pistols. I own none, but I know the powers that be will come after the guns I do own next.

In an essay written by Joseph Olson and David Kopel titled “All the way Down the Slippery Slope,” the writers identified factors leading to the loss of gun rights (my comments in parenthesis.)

      • Media sensationalism about abuses of the right and media hostility toward the exercise of the right. (WOW do we see that a lot.)
      •  Technological changes that introduce new and socially controversial ways of exercising the right. (Semi-automatic firearms have been around since the late-19th century, yet these are vilified. If the Police carry them? It seems prudent we should as well.)
      • Political leaders gaining political benefits (such as diverting the public from the death penalty, or demonstrating the leader’s compassion) from attacks on the right. (Many with taxpayer-funded security would disarm the rest of us if they could.)
      • The production of deliberately misleading data by the government in support of restrictive legislation. (Dr John Lott has recently taken the FBI to task on their under-reporting of armed citizens stopping mass-shootings, as well as under-reporting violent crimes. The FBI then quietly corrected the data to show an increase in crime when a decrease had been touted by the Biden Administration.)
      • The government’s loss of trust in ordinary citizens. (Remember that Attorney General Merrick Garland called those who speak in opposition at school board meetings, domestic terrorists.)

My comments were all based on things that have happened in the last four years. The slippery slope points made by Olson and Koper were about the British losing their gun rights and was written 25 years ago.

If everything goes right, you’ll be reading this within a week of the election. We all know gun owners, ask them if they’ve voted. If you know gun owners in other States, ask them the same question. Elections do have consequences.

Kelly Myers, ISRPA Government Affairs Co-Director

Elections Have Consequences (Part 4)

Elections Have Consequences (Part 4)

Why We Vote (or, Elections have Consequences)

While no one is given credit for the quote, “There are four boxes of liberty: soap, ballot, jury, and cartridge. Use in that order” we do know with whom it originated. South Carolina Governor Stephen Decatur Miller actually used the phrase “cartouche box” (heavy paper cartridge which contained black powder and the projectile, designed to be opened with your teeth) because this quote goes back to 1830, 16 years before the metallic cartridge would be patented. Governor Miller also noted the first boxes were Constitutional, the final was revolutionary.

Soap box: freedom of speech is guaranteed under the 1st Amendment, as is the freedom to peaceably assemble (those of us who exercise our 2nd Amendment rights do peaceably assemble from time to time.) Also under soap box/1st Amendment rights is petition the government for a redress of grievances. When we send letters and emails/make phone calls to our elected officials? We are on our soap box.

Ballot box: The 15th and 19th Amendments guarantee the right to vote to all citizens. I’ve heard many (including President Trump) speak of the low voter turnout among gun owners. I did some research, and ran the numbers.

To be a registered voter, you must be an adult. Based on the estimated adult population and the number of registered voters in the Great State of Indiana, nearly 93% of adult Hoosiers are registered to vote. According to the Kelley School of Business at Indiana University, the 2020 general election saw a 64.6% voter turnout. In 2016, it was 58.1%.

A recent NBC News survey showed the percentage of gun owners in this country at 55% of the population. I think Indiana will be a bit higher, so I used 61% for my estimate.

When you do the math on the number of gun owners not registered to vote, added to the number of gun owners who are registered, but didn’t vote… there were 1,262,515 Hoosier gun owners who didn’t vote in 2020.

Jury box: our Bill of Rights gives We the People significant protections from an abusive government. The 5th Amendment gives us the right to due process, while protecting us from involuntary self-incrimination and double jeopardy. The 6th Amendment guarantees a speedy trial, a jury of our peers, the right to be informed of the nature of the accusation, and the right to legal counsel.

The Jury Box also gave us DC v. Heller (2008) which affirmed the 2nd Amendment is an individual right. McDonald v. Chicago (2010) which held that States must abide by the US Constitution in regards to 2nd Amendment rights. New York State Rifle and Pistol Association v. Bruen (2022) where Justice Clarence Thomas so eloquently stated that the 2nd Amendment is not a second-class right, as well as the “text, history, and tradition” standard. National Rifle Association v. Vullo (2024) which in a unanimous decision ruled that States can’t violate 1st Amendment rights. Loper-Bright Enterprises v. Raimondo (2024) ended 40 years of bad precedent (Chevron deference) and reined-in out-of-control federal agencies.

As South Carolina Governor Stephan Decatur Miller put it all those years ago, those are the Constitutional boxes of liberty. Governor Miller used the term “belligerent principle” when referring to the fourth, the revolutionary box.

The cartridge box (or cartouche box as Governor Miller stated in 1830, since the metallic cartridge had yet to be invented) is indeed a revolutionary box. Our Founders chose the 4th box on 19 April 1775. 16 years later when the Bill of Rights was ratified much of what we call the first three boxes of liberty would become part of the US Constitution.

A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms shall not be infringed. Our founders fought and won a war against the most powerful military on Earth. I like to think our founders chose the 4th box of liberty, so we could rely on the first three. I also think the founders realized that without an armed population, the first three boxes of liberty would become irrelevant.

We have an election coming very soon. We all must all use the soap box as well as the ballot box, because elections have consequences.

Kelly Myers, ISRPA Government Affairs Co-Director

ISRPA Annual Meeting and Awards Banquet

ISRPA Annual Meeting and Awards Banquet

Plan to join us at the ISRPA Annual Meeting and Awards Banquet Saturday November 2 at the Umbarger Conference Center at Camp Atterbury, IN!

The Annual Meeting is your chance to be part of YOUR State Association! The Awards Banquet is our annual opportunity to honor the accomplishments of our many outstanding competitors and 2A supporters!

 



Annual Meeting 1:00pm
Awards Banquet begins 5:00 pm

Details and on line sign up available NOW!

Elections Have Consequences – (Part 3)

Elections Have Consequences – (Part 3)

20 Years Ago: The “Assault Weapons Ban” of 1994 Passed into History (or, Elections have Consequences)

Like many of you, I find it hard to believe that 2004 was 20 years ago. A couple weeks ago Guy Relford mentioned it was the 20th anniversary on his radio show (The Gun Guy on WIBC) and it got me thinking about how far we have come in regards to 2nd Amendment (2A) rights. It also serves as another reminder that elections have consequences.

On 13 September 2004, the Assault Weapons Ban of 1994 (AWB of 94) hit the 10-year sunset and was no more. The actual title of the bill was the Public Safety and Recreational Firearms Use Protection Act of 1994, (and that’s the biggest case of false advertising since Chunky Monkey Ice Cream.) Reading the provisions of the AWB of 94 I was reminded of how our elected officials kept us safe by identifying assault weapon features such as: telescoping stocks (making it easier for people of smaller stature shoot effectively is bad?) Bayonet lugs (because attaching a large knife to a rifle gives it an effective range of 1 yard?) A flash-hider (because having night vision after the first shot is a bad thing?) And the ever-evil pistol-grip (which has more to do with ergonomics and design than with making a rifle more “assaultee”.)

In 1994 the Democrats had a 57-43 majority in the Senate. Senate rules require 60 votes to “end cloture” and allow the bill to come up for a vote. Six Republicans voted in favor of the AWB of 94. Elections do have consequences. Less than two months after the AWB of 94 was signed into law, Republicans took the majority in both the Senate and House for the first time in over 40 years. Actions have consequences as well.

According to the National Shooting Sports Foundation, there are an estimated 28 million modern sporting rifles in private hands, an estimate 20 million are AR-15 platforms. The “in common use for lawful purposes” standard from the Supreme Court (SCOTUS) in DC v Heller (2008) would make another ban unlikely to pass judicial scrutiny. Unfortunately, we’ve seen the current administration operate in an unconstitutional manner (student loan forgiveness, rent moratorium.) Elections do have consequences.

After reviewing the provisions of the AWB of 94 (and a couple other things since I saw a lot of similarities) I made a couple observations. First, a lot of our elected officials really know absolutely nothing about firearms. I don’t mean “explain the difference between how a semi-automatic handgun operates compared to a semi-automatic rifle” level of knowledge. I mean “doesn’t know which end the bullets come out” level of knowledge. Second, the ends always justify the means, so they reverse-engineer the means to arrive at the ends.

The Gun Control Act of 1968 gave us a point system which led to the ban of many imported firearms, including the Walther PPK. You can buy the gun carried by James Bond here in the United States, it’s made in Arkansas, not Germany.

Wearing another of my many hats, I’m a staff member on an Internet-based discussion forum that has a classifieds section. In this role I’ve learned there are many things about which I do not know. I can’t tell a counterfeit Benchmade Infidel knife from a real one. I know a Lee-Enfield rifle is chambered in .303 British, but I can’t tell the difference between one used in the Boer War and one used in WW II. Then one day, a Federal Firearms Licensee (FFL) brought up an issue, and I was even more certain that to people who know nothing about firearms, the ends justify the means.

Since November 1990, there has been a ban on importing semi-automatic rifles and shotguns with certain features. Importers bring them into our country and swap out foreign parts for US-made parts to make it legal according to a point-system designed by people who really know nothing about firearms. This also means that replacing US-made parts with foreign-made parts that have nothing to do with the weapon’s operation, makes it an illegal weapon.

I’d be willing to say that most of the folks reading this are familiar with Benelli and Beretta semi-automatic shotguns. I’d also be willing to say that very few of you know that neither Benelli or Beretta semi-automatic shotguns can be imported with an extended tube magazine. But wait, there’s more.

To determine which firearms are illegal to import there is of course, a point system. 20 parts, if more than 10 of them are imported, then parts must be replaced with US-made parts until the number of imported parts is 10 or less.

Of the parts listed which could possibly make a firearm illegal: a magazine counts for 3 points. The magazine body, follower, and floorplate each count as 1 point. A magazine feeds ammunition into a firearm. Is there a difference in operation of the firearm if the magazine was made in Bulgaria or in Texas? Is anyone surprised they didn’t assign a 1-point value to the magazine spring?

Does the country of manufacture of the butt-stock and fore-grip make a firearm more or less dangerous? Changing the American Walnut butt-stock and fore-grip on my Winchester Model 12 out and replacing it with a Polish Walnut butt-stock and fore-grip really won’t matter. Replacing the American Walnut butt-stock and fore-grip on my Romanian AK-47 (semi-automatic version) imported after November 1990 and replacing it with a Polish Walnut butt-stock and fore-grip could lead to a long prison sentence since that is 2 points. Switch out the pistol-grip made in Texas by Magpul with an original Romanian pistol-grip? That’s another point.

What attaches the butt-stock on an AK-47 to the receiver? It’s a bent piece of metal called a trunnion. An American-made bent piece of metal verses a Chinese-made bent piece of metal can be the difference between a legal weapon and an illegal weapon since it counts as 1 point.

To sum up my observations: Anti-2A individuals seem to pride themselves on their ignorance of firearms. The ends always justify the means. Cosmetic features that have no effect on the operation of a firearm are an easy means to an end, when you have no knowledge about what you want to ban.

The landmark SCOTUS case New York State Rifle and Pistol Association v. Bruen (2022) established the “text, history, and tradition” standard in reference to 2A rights. I don’t think any of the examples I provided would pass that standard.

Any way you look at it, a lot of elected officials voted for these laws. Elections do have consequences.

Kelly Myers, ISRPA Government Affairs Co-Director